NTC-29525 – Declaration of Security Regulated Port – Port of Fremantle

Overview

The Maritime Transport and Offshore Facilities Security Act 2003 was enacted to address the critical need for enhanced security measures within Australia's maritime and offshore facilities. This legislation was introduced by the Australian Parliament with the primary policy objective of ensuring that appropriate security protocols are in place to safeguard these facilities against potential threats, including terrorism and other forms of sabotage. The Act empowers the Department of Home Affairs to designate specific maritime areas as "security regulated ports," where stringent security measures must be enforced. In this context, the Act provides the legal framework for the regulation and oversight of these designated areas, thereby bolstering national security and protecting critical infrastructure. On 6 November 2025, Gerome Balangue, a Delegate of the Secretary of the Department of Home Affairs, issued a notice under subsection 13(1) of the Act, revoking the previous designation of the Port of Fremantle as a security regulated port and re-declaring it with updated boundaries. This action was formalised through publication in the Commonwealth of Australia Gazette, reflecting the ongoing commitment to adapt and refine security measures in response to evolving threats and operational requirements. The notice remains in effect until it is formally revoked and re-published in the Gazette.

Scope and Application

The Maritime Transport and Offshore Facilities Security Act 2003 applies to a range of entities and persons involved in maritime transport and offshore facilities, particularly focusing on ensuring security measures are in place to protect against threats to these operations. The Act mandates that designated areas within ports, referred to as security regulated ports, implement and maintain specific security measures to safeguard against potential risks. These measures apply to any ship, offshore facility, or port facility that is designated under the Act, impacting shipping companies, port authorities, and offshore operators. The geographic reach of the Act is national, as it applies across Australia, including Commonwealth, state, and territory waters. The Act also allows for the extension of its application through subordinate instruments, such as regulations and notices, which can specify additional security measures or designate further areas as security regulated ports. Notably, while the Act imposes stringent security obligations, it does not apply to all maritime activities, and specific exclusions or exemptions may be outlined in subsidiary legislation. The Act's application is detailed in the Declaration of Security Regulated Port for the Port of Fremantle, which revokes a previous declaration and specifies the new boundaries of the security regulated area within the port. This notice, issued under the authority of the Secretary of the Department of Home Affairs, is effective upon its publication in the Gazette and remains in force until revoked. The Act's provisions are thus enforceable across the designated areas, ensuring that all relevant maritime activities comply with the security requirements stipulated under the legislation. The security measures and obligations under the Act are critical for maintaining the integrity and safety of Australia's maritime infrastructure and offshore facilities.

Key Provisions

The Maritime Transport and Offshore Facilities Security Act 2003 (the Act) governs the security of maritime transport and offshore facilities. Under section 13(1) of the Act, a delegate of the Secretary of the Department of Home Affairs can declare a port as a security regulated port. This provision allows the delegate to specify which areas of a port are subject to security regulations, particularly those related to the movement, loading, unloading, maintenance, or provisioning of security regulated ships. In the Notice NTC-29525, the delegate revoked the previous declaration for the Port of Fremantle (Notice NTC-27646) and declared a new area of the port as a security regulated port, as shown on the attached maps. The obligations imposed by the Act on parties or entities governed by the Act include adhering to the security measures and protocols set forth by the Act and any regulations made under it. This includes ensuring that security regulated ships comply with the security requirements outlined in the International Ship and Port Facility Security (ISPS) Code. The Act also requires the delegate to publish any declaration or revocation in the Gazette, ensuring transparency and legal notice to all relevant parties. Failure to comply with the security regulations outlined in the Act can result in both civil and criminal consequences. Under the Act, an offence is committed if a person intentionally or recklessly contravenes a requirement or prohibition under the Act. The maximum penalties for these offences vary depending on the nature and severity of the offence. For example, under section 26 of the Act, the maximum penalty for contravening a requirement under the Act is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both. In more severe cases, such as endangering the safety of a ship or port facility, the maximum penalty can be a fine of up to 10,000 penalty units or imprisonment for up to ten years, or both. The Act also provides for other civil and criminal consequences for non-compliance. For example, under section 25, a person who causes harm to another person or property due to a breach of the Act may be liable for damages. Additionally, under section 27, a person who is found guilty of an offence under the Act may be subject to a declaration of non-compliance, which can lead to further regulatory action or penalties. The Act emphasises the importance of adhering to maritime security regulations to protect both the maritime industry and the public.